New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-25
cr,EARY TO Be TRIED AGAIN.
ao,,Np TO CONVICT HIM Or AcQUrT HIM.

Nm MARrINE's PLANS NOT FULLY DETERMINED
GREATER CARR TO BE TAKEN NEXT TIME.
str,ct Attoraey MARITIME feels the nstrial OF Cicary
A. be n grave misfortune. 1t has occurred at tme
,h.r IT IA difficult TO obtain Tetri1 promptly. The
,..nt torn of tho Court of Oyer and Terminer ends
.ext week. and be teels that he and his assistants
especially Mr. Nicoll, physically unable to enter
mon a second prolonged battle next Monday. Even
shsv did the term would expire before jury could De
snss,ned. when asked yesterday what his plans were
Ss reolied III have scarcely had chance TO form
sh.m Mr. Nicoll is at home resting. The trial mas
been heavy strain upon n ne aIs oeJd d having to-
k Carefully measured beforehand so as to produce
ser, am effect and to avoid hundred other enect anu
haven't had the opportunity of consulting with him
vet. think he needs full week OF resi-; mesoo%
from anxiety s.d open,s;ir exc s1SrG Monday
ado Sou think Colonel Fellows will DO on hand for
the next trial Z" A,,-a NJ
p,c,s GREAT relief received letter from tho Col
~nsi this mo,ning 1t was written on Monday ana ne
aid not then know that we had the jury Inc Goone,
/. AZ Hot Svnngs Ark, at hotel partly owned oy one
~ lii relatives He says that be h feeling scmewhat
Setter though still weak and out OF shape and tnas ne
has lost eighteen pounds since ne went axsy INC mo
hracng and recuperative qualities OF the Arkansas ar
A. not seem 10 he mg their full duty In the Coonefs
90 He thinks he will be all right again soon' now
sys, w.u x,.,.v., the mex. trial comes of, Cleary
viii be the defendant won't be y"
. oh. undoubtedly. / shall try Cleary until he 10
" ~, on~ a. that against the others MoQude and
ONeil are guilty, 50 be- We presented oar eynence
batter than We ever presented 1t before Mr. Nicoiis
slosinp argument was not only good 1t was model
for pro .ecutors speecb-calm, logical and convino
ing It brought Clearys record in the b'ar1 as an
illuminated picture before the idrys eyes, ana showed
vi.h An honest motive. Tue charge was able and fair
In come respects tho greatest OF all the al
dresses Justice Ba, rett has 10 Sva
N a
Teen done to render the peoples case more co npIoc
and conclusive, and don't believe secret conspiracy
as so fully proved before NY Sa da;lnre,n
9To nerversc and unreasonahle human nature;
Juries are queer things Then too, Ciesy had oehnd
him acme extraordinary influences. How Tar these
AFFECTED the case | am really unable to say but De
live that had they not existed had ne STOOD upon MS
o, bottom like McQuade and O'Nel, whose previous
charcuter was fully as gooa Clearys the result
would have been CONVICTION. nave no cos'tVe III,
formation upon which could accuse any Juryman OF
aot,no from a bad motive. but when Cleary Is tired
again shall take steps that will remove that danger
even further than the stringent method we ma adypt
When onurt meets 10 morrow perhaps shall be able
Ar Skaters respect for Justice Barrett has been
greatly enhanced by this rial He said on Thursday
aTha Barrett is one OF the aos' s1d T n,o
found LAWYER But he made olauked cold,blooded
charge He tried the case to convict ana ne 10 en-
titled To no credit for ang friend had on the urv
i,.e 1s''' heard '''A '' '
Judge Barrett did not come downtown Yesterday
When the term of court ia over he intends to take
short vacation 1t msy be that his plans IN TINS respect
NAV be ipterfered with. The regular CRIMINAL busne,s
Of the District Attorneys o'6ce is very much behind
hand and the April term Of the Oyer and Termiaer.
over which Justice Van Brunt will preside must be
EMPLOYED to clear off these prnding cases Mr. Marine
regards this as than necessary II special term
20 try Cleary is called which probably the course
the Attorney will adopt 1t iikeIv that Judge
Barrett will be assigned to preside over IT. In that
oase though anxious to take little rest away iron
the CITY, he ill probably consent to subordinate ms
personal wishes to his pubic duty.